Sunday, May 7, 2006

Medco - Another Company to Bow to the Government?

According to the Wall Street Journal here it sounds like Medco will be entering into either a deferred or non-prosecution agreement with the government. The cost to the company appears to be "a pretax charge of $163 million."  Although the article tells us that the agreement, which is not final, will likely not include any company "admission of liability or wrongdoing,"  it does not state what concessions may have been made by Medco.  Will Medco be agreeing to cooperate in a government investigation of individuals? Has the company agreed to waive all attorney-client privilege? Will the company be able to pay the attorney fees of employees if individuals face investigation?  Obviously in light of recent deferred and non-prosecution agreements coming out the DOJ, these questions need to be asked. 


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